2004-012 - EG
CITY OF ENCINIT AS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2004-12
February 9, 2004
This letter is to inform you that the Planning and Building Director has approved your application
for:
03-199 ADR/MIN (Henrickson) - An Administrative Design Review Permit for authority
to exceed the zoning code base height limit (22 feet) up to the maximum height limit of 30
feet for a new single-family residence consisting of 10,750 square feet of two-story living
space. The Minor Use Permit is for a proposed 1,598-square foot attached garage area and a
25.4-foot tall, 2,385-square foot detached garage structure, each exceeding the permissible
garage size of 1,000 square feet. In addition, the Minor Use Permit is for the height of the
detached garage with an attached ramada exceeding the permissible height of 24 feet. The
project site is located at 3298 Poppy Hills Lane and within the RR (Rural Residential) zone.
(APN: 264-091-89).
Project Description and Discussion: The applicant is requesting an Administrative Design Review
approval to construct a new 10,750-square foot single-family residence which exceeds the
permissible height of 26 feet allowed in the subject RR (Rural Residential) zone. The proposed
project is located on a 3.52-acre lot. The applicant is also requesting approval of a Minor Use
Permit for a 1,598-square foot attached garage and a 2,385-square foot detached garage with a
ramada structure to exceed the maximum allowable size of 1,000 square feet for garages and to
exceed the permissible height of 24 feet for detached garages.
Pursuant to Municipal Code Section 30.16.01OB7, the standard height limit for residential
buildings is 22 feet or two stories, whichever is less. An allowance of 4 additional feet, to a
maximum height of 26 feet, is provided for projections such as hips and gables of a sloped roof,
chimneys, towers, etc. However, with the approval of an Administrative Design Review Permit,
structures may be approved to a maximum height of 30 feet if it can be found that the portion of
the building that exceeds the standard height limit maintains some of the significant views
enjoyed by surrounding residents, and that the building is compatible in bulk and mass with
buildings on neighboring properties.
The proposed garages exceed the standard 1,000 square feet permitted for garages and 24 feet in
height for detached garages. Pursuant to Municipal Code Section 30.48.040.A, attached and
detached garages are allowed in residential zones not to exceed a maximum floor area of 1,000
square feet or 50 % of the living area of the primary residence, whichever is less. Detached garages
are limited to 1 story not to exceed 24 feet maximum height if within the side or rear setback area.
Additional area and height may be permitted with the issuance of a Minor Use Permit, not to exceed
the height limit. Minor Use Permits are processed in accordance with Municipal Code Section
30.74 (Use Permits). The height of any proposed structure is measured from the lower of natural or
finished grade pursuant to Municipal Code Sections 30.04 and 30.16.01OB7.
Garages are permitted as "accessory uses" to a principal residence. Although the proposed garages
are larger than the standard 1,000 square feet in floor area and 24 feet in height permitted by the
Municipal Code, staff has determined that they are considered "accessory" to the proposed principal
residence because the proposed area of the residence (10,750 square feet) is significantly larger than
typical single-family homes. The proposed residence and garages are compatible with other
residences in the community.
The project site is large enough to accommodate the proposed dwelling and garages while
maintaining all required building setback and lot coverage requirements. Based on the size of the
project lot and the wide building setbacks from adjacent properties, the increase in height for the
main dwelling unit and the additional floor area and height permitted for the garages will not
significantly impact neighboring properties. Additionally, the existing topography provides
separation of view corridors for existing residences in the neighborhood and the proposed
project. These factors work together to preserve existing and potential views. The large size of
the proposed residence is compatible with the style of development in the area.
With approval of the Administrative Design Review and Minor Use Permit application, the
proposed single-family dwelling and a detached garage with an attached ramada complies with
all applicable development standards, including building setbacks, and will be required to
comply with all applicable Building and Fire codes through the standard plan-checking process.
All applicable utilities and services are in place to support this development.
The applicant conducted a Citizen Participation Program meeting on October 15, 2003, in
accordance with Chapter 23.06 of the Municipal Code. No members of the community were
present at the meeting.
A standard public notice for the Minor Use Permit was mailed on January 16,2004, which allowed
for a 20-day comment period as required for administrative applications. The Planning and
Building Department conducted a public hearing on February 9, 2004. No members of the
community were present at the hearing, and staff received no comments from the community in
response to the public notice.
FINDINGS FOR ADMINISTRATIVE DESIGN REVIEW TO
EXCEED THE STANDARD HEIGHT LIMIT
STANDARD: Section 30.16.010B7 of the Municipal Code provides that residential buildings
that exceed the standard height envelope may be approved to a maximum height of 30 feet
through the Administrative Design Review process if the following fmdings can be made:
1. The portion of the building outside the standard height maintains the views enjoyed by
residents of nearby properties; and
2. The building is compatible in bulk and mass with buildings on neighboring properties.
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Facts: The applicant requests approval to construct one single-family residence to a maximum
height of 30 feet which exceeds the standard height limit of 26 feet permitted for residential
structures.
Discussion: The project is located in an area that primarily consists of homes on large lots. The
proposed dwelling is compatible in bulk and mass with the buildings on neighboring properties.
The size of the lots in the area and the wide setbacks utilized by the proposed single family
dwelling and existing development creates a large separation between residences. Additionally,
varying topography provides vertical separation between view corridors from the existing homes
and proposed project site. These factors worked together to minimize impacts to existing and
potential privacy and views.
Conclusion: Planning and Building Department staff visited the subject site and determined that the
proposed development will not significantly impact the privacy or views from surrounding
properties, and that the proposed project is compatible in bulk and mass with buildings on
neighboring properties.
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project;
b. The unsuitability of the site for the type and intensity of use or development which is
proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of the
city;
Facts: Pursuant to Municipal Code Section 30.48.040 A, attached and detached garages are
allowed in residential zones not to exceed a maximum floor area of 1,000 square feet or 50
% of the living area of the primary residence, whichever is less. Detached garages are
limited to 1 story not to exceed 24 feet maximum height if within the side or rear setback
area. Additional area and height for a detached garage may be permitted with the issuance
of a Minor Use Permit.
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Discussion: The proposed garages will not alter or intensify the proposed residential use;
and therefore, will not adversely impact or require additional public facilities, services or
utilities. The project site is a 3.52-acre lot located in a large lot rural residential area. The
site is large enough to accommodate the proposed garages and residence while maintaining
all required building setbacks and lot coverage requirements. The proposed residence and
garages are compatible and similar to the surrounding residences and the nature of the rural
residential area. Based on the nature of the proposed garages/residential use, the project will
not result in a harmful effect upon the environment or other natural resources.
Conclusion: The Planning and Building Department has conducted an analysis of the
application and has not identified any significant impacts that could result from the proposed
use.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
Facts: Pursuant to Municipal Code Section 30.48.040 A, attached and detached garages are
allowed in residential zones not to exceed a maximum floor area of 1,000 square feet or 50
% of the floor area of the primary residence, whichever is less. Detached garages are limited
to 1 story not to exceed 24 feet maximum height if within the side or rear setback area.
Additional area and height for a detached garage may be permitted with the issuance of a
Minor Use Permit.
Discussion: Based on the nature of the proposed garage, which is a permitted accessory use
to a principal residence, no aspect of the use will result in an adverse effect to the policies of
the Encinitas General Plan or the provisions of the Municipal Code. The sizes of proposed
garages will not adversely impact the City's ability to enforce the provisions of the General
Plan or Municipal Code.
Conclusion: The Planning and Building Department has reviewed the proposed application
and conducted an inspection of the site and has determined that proposed structures will not
adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal
Code. The Planning and Building Department has determined the required findings for the
use permit can be made, and the project is consistent with the Municipal Code and General
Plan.
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The proposed use is consistent with the regulations of accessory uses, including
Municipal Code Chapter 30.16, Residential Zones; and 30.48 Accessory Uses.
Conclusion: The Planning and Building Department has reviewed the proposed
application and conducted an inspection of the site and has determined that the proposed
structures are consistent with all Municipal Code and General Plan regulations. The
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Planning and Building Department has determined the required findings for the use permit
can be made, and the project is consistent with the Municipal Code and General Plan.
Environmental Status: Exempt from Environmental Review as per CEQA Guidelines Section
15303(a) and 15303(e), which exempt the construction of up to three single-family residences in an
urbanized area and the construction of accessory structures from environmental review.
This approval is subject to the following conditions:
SCl SPECIFIC CONDITIONS:
SC2 This approval will expire on February 9,2006 at 5:00 p.m., two years after the approval of
this project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application dated received by the
City on September 30, 2003 and project drawings dated received by the City on December
10,2003, consisting of 7 sheets, including a Site Plan, Floor Plans, Elevations, and a Roof
Plan for the main dwelling unit, and Floor Plans and Elevations for the detached garage, all
designated as approved by the Planning and Building Director on February 9, 2004.
Approved plans shall not be altered without the express authorization of the Planning and
Building Department.
GIST ANDARD CONDITIONS:
CONTACT THE PLANNING AND BmLDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Planning and Building
Director.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G7 Prior to issuing a fmal inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans.
G 13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
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Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the Community Development and
Engineering Services Departments. The applicant is advised to contact the Community
Development Department regarding Park Mitigation Fees, the Engineering Services
Department regarding Flood Control and Traffic Fees, applicable School District(s)
regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees,
and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees.
U2 In the event that any of the conditions of this permit are not satisfied, the Community
Development Department shall cause a noticed hearing to be set before the authorized
agency to determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal
and approval of an amendment to the use permit by the authorized agency.
Bl BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor planes),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will
be completed prior to permit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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F2 ACCESS ROADWAY DIMENSIONS: Fir~ apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet, curb line to curb line, or edge of
pavement to edge of pavement where no curbs are proposed, and an unobstructed vertical
clearance of not less than 13 feet 6 inches. Access roads shall be designed and
maintained to support the imposed loads of fire apparatus. Minimum design load is
65,000 lbs. EXCEPTION: Access to one (1) single family residence shall not be less
than 16 feet of paved width, curb line to curb line, or edge of pavement to edge of
pavement where no curbs are proposed.
F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades
exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal
mitigation shall be the installation of automatic fire sprinkler systems appropriate to the
structures and uses served. The angle of departure and angle of approach of a fire access
roadway shall not exceed 7%.
F6 GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. All automatic gates across fire access
roadways shall be equipped with approved emergency key operated switches overriding
all command functions and opening the gate(s). Gates accessing four (4) or more
residences or residential lots, or gates accessing hazardous, institutional, educational, or
assembly occupancy group structures shall also be equipped with approved emergency
traffic control activating strobe light sensor(s) which will activate the gate on the
approach of emergency apparatus. All automatic gates must meet Fire Department
requirements for rapid, reliable access.
F12 FUEL MODIFICATION ZONES/FIRE BREAKS: The applicant shall provide and
maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel
breaks size and composition shall be determined by the Fire Department and shown on
the improvement/grading plans, final map, and building plans.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The numbers shall
contrast with their background, and shall be no less in height than: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall
be affixed to this marker.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system designed
and installed to the satisfaction of the Fire Department. Plans for the automatic fire
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sprinkler system shall be approved by the Fire Department prior to issuance of building
permit(s).
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
El ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
EA The proposed detached garage encroaches into the toe of the existing cut slope along the
property boundary. The applicant shall provide a letter/report from a geotechnical
engineer verifying that the stability of the existing slope is not adversely impacted by the
proposed garage.
EB No details are provided for the construction of the slide, spa, and swimming pool, which
encroach into the cut slope. Prior to issuance of required permits for the specific
structures, the applicant shall provide a grading plan detailing the design and earthwork
necessary to construct these structures. The Engineering Department will review the
grading plan to ensure the adequacy of the proposed designs. Additional design
requirements may be issued upon Engineering review of the grading plan.
EG 1 Gradinl! Conditions
EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defmed in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG6 A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
EG7 All newly created slopes within this project shall be no steeper than 2: 1.
EG8 A soils/geologicallhydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the. State of California to perform such work. The report shall be
approved prior to building permit issuance/at first submittal of a grading plan, as
applicable.
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EGlO In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October 1 st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
ED 1 Drainal!e Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best Management
Practice Manual shall be employed to determine appropriate storm water pollution control
practices during construction.
ED3 A drainage system capable of handling and disposing of all surface water originating within
the project site, and all surface waters that may flow onto the project site from adjacent
lands, shall be required. Said drainage system shall include any easements and structures
required by the Engineering Services Director to properly handle the drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance of the building
permit for this proj ect or shall construct drainage systems in conformance with the Master
Drainage Plan and City of Encinitas Standards as required by the Engineering Services
Director.
EUl Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and
other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESWl Storm Water Pollution Control Conditions
ESW4 Priority Projects shall implement a single or a combination of storm water Best
Management Practice methods in order to reduce to the maximum extent practicable the
quantity of pollutants entering the public storm drain system or any receiving body of
water supporting beneficial uses. All Priority Projects shall construct and implement a
structural treatment control BMP, such as natural bio-filtration system or a treatment
detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or
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greater than the volume generated by a 0.6" precipitation storm event in a duration of
twenty-four hours or the maximum flow rate produced by a rainfall of 0.2 inches during
each hour of a storm event. The filtration system shall be designed based upon best
management practice standards and must be approved by the City Engineer. A covenant
approved by the City shall be recorded against the property to ensure the professional
maintenance, repair, and replacement of the storm water quality BMP as necessary into
perpetuity. The covenant shall also detail the funding mechanism for the required
maintenance. An IOD for a public storm drain easement shall be offered to the City and
shall cover all storm water treatment facilities and additional areas needed for
maintenance and access. A Grading Plan identifying all landscape areas designed for
storm water pollution control (SWPC) and Best Management Practice shall be submitted
to the City for Engineering Services Department approval. A note shall be placed on the
plans indicating that the modification or removal of the SWPC facilities without a permit
from the City is prohibited.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and/or into
the public storm drain system. Grass and landscape areas designated for storm water
pollution control shall not be modified without a permit from the City. A note to this
effect shall be placed on the Grading plan.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within fifteen (15) calendar days of the date of this determination. This notice constitutes a
decision of the Planning Department only. Additional permits, including Building Permits, may be
required by the Building Department or other City Departments. It is the applicant's responsibility
to obtain all necessary permits required for the type of project proposed.
If you have any questions regarding this determination, please contact Roy Sapau at the Planning
and Building Department by telephoning (760) 633-2734.
~ uJJLfLL~ .4-
Patrick Murphy
Planning and Building Director
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